BHIMMA & OTHERS Vs. STATE

JUDGEMENT

(1.) By way of instant appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 16.01.1988 passed by Ist Additional Sessions Judge, Etawah, in Session Trial No.220 of 1986 State Vs. Ram Sanehi, arising out of Case Crime No.56 of 1982 under Sections 148, 307 read with Section 149, and 147 IPC Police Station- Dibiyapur, District- Etawah, whereby the appellants Bhimma, Diwari Lal, Hubba Lal, Ram Sewak Teli, Chhotey Teli have been sentenced to undergo one year rigorous imprisonment under Section 148 IPC, three years rigorous imprisonment under Section 307 read with Section 149 IPC. Accused Chhotey Kahar has been sentenced to undergo six month rigorous imprisonment under Section 147 IPC and three years rigorous imprisonment under Section 307 read with Section 149 IPC. All the sentences were directed to run concurrently.

(2.) Relevant to mention that appellant nos.3 and 6 namely Hubba Lal and Chhotey Kahar died during pendency of this appeal, therefore, the appeal qua the aforesaid appellants stood abated vide order of this Court on 30.03.2017.

(3.) Heard Sri Agni Pal Singh, learned counsel for the surviving appellants, learned AGA for the State and perused the record.